Am I able to get dissolution when I have a child that is not my husbands? 20 Answers as of June 08, 2011

Am I able to get dissolution when I have a child that is not my husbands? I have been separated from my husband for over 5 years and have a 3-year-old daughter with my current boyfriend. My husband and I have a child together and I have a child support order for her.

You are still able to get a dissolution. You may need to have the father of your child establish paternity and/or make it clear that your husband is not the child's legal father. Because you were married when she was born your husband is presumed to be the legal father. Otherwise, there are no more complications than the usual issues that arise in a divorce/dissolution.

Yes, you can get divorced. You would just acknowledge in the divorce papers that the 3 year old is not a child "of the marriage". You may want to discuss the proper procedure with an experienced family law attorney and/or hire an attorney to assist you. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office.

You can divorce your husband. The child that you have with your boyfriend is not a child of your marriage, so you needn't include that child in your Petition. You should include the children of your marriage in your Petition. I would recommend that you retain an experienced Family Law Attorney to represent you in your divorce.

It depends upon which state you live in. In NY we now have a no fault statute that allows you to get a divorce regardless of fault. The other aspects have no bearing upon getting a divorce. Speak to a matrimonial lawyer right away. Good luck.

Yes. Having a child with another person does not preclude a person from getting a divorce. However, the child would be presumed to be that of your spouse and, as a result, paternity of the child would have to be addressed as part of the divorce proceeding.

Yes, in Ohio and Michigan you can still get a dissolution. But remember: you will have to work with your husband to get it done. Talk with your local domestic relations attorney for further information.

Legally speaking, any child born during the marriage is presumed to be that of the mother's husband at the time. This can be dealt with by a joint stipulation as to the child's actual biological father. This fact will not prevent you from being able to get a divorce.

In Hawaii, this is still doable you would usually need to start a paternity action to have your boyfriend legally declared to be the father of your child, as well as have your husband *disestablished* as the father. This can be done as an independent legal action, or in a more expedited manner within the divorce action.

Yes. Having children, whether from the marriage or not, doesn't control whether you can dissolve the marriage. But, until you do dissolve the marriage every child born since the date of the marriage is presumed to be the child of your husband no matter how long you have lived separately. Your boyfriend may be the biological father, but until a court says he is the father and that your husband is not the father, your younger daughter is legally your husband's child. It isn't clear how/why you have a child support order only, but as part of the dissolution case it will be necessary to establish a parenting plan that allocates parental responsibilities and support obligations for children of the marriage, in addition to all other relevant financial and property issues.

Ask a Local Attorney

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.